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Today's ruling means that people risk being criminally prosecuted even in cases where they exercised responsibility and took precautions”

Canadian HIV/Aids Legal Network

But it said standards could be subject to further change, in response "to future advances in treatment" or other risk factors that it had not addressed directly.

A viral load indicates the severity of the HIV infection. Some treatments aim to reduce viral load, making transmission of the condition less likely.

HIV/Aids groups say the law - even in its newly modified form - stigmatises people with the disease, and that "solid science" shows that the risk of contracting HIV is negligible when a condom is used.

"In practice, today's ruling means that people risk being criminally prosecuted even in cases where they exercised responsibility and took precautions, such as using condoms, which are 100% effective when used properly," the Canadian HIV/AIDS Legal Network said.

But prosecutors had argued that failure to disclose one's condition deprived a potential partner of their right to make an informed decision about consensual sex.

The court noted that in many countries, only actual transmission - and not merely risk of exposure - is considered a crime.

Friday's decision "sounds a note of caution against extending the criminal law beyond its appropriate reach in this complex and emerging area of law", the justices said.

A requirement that every person with HIV disclose their status to sexual partners could mean imprisoning people who had not exposed others to the virus, the court said.